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The International Human Rights Judiciary and National Parliaments
Saul, Follesdal and Ulfstein examine in detail the interplay between national parliaments and the international human rights judiciary.
Political Theory and the European Constitution
In June 2003, the Convention on the Future of Europe released what may become the Constitution of the European Union. This timely volume provides one of the first critical assessments of the draft Constitution from the vantage point of political theory. The work combines detailed institutional analysis with normative political theory, bringing theoretical analysis to bear on the pressing issues of institutional design answered - or bypassed - by the draft Constitution. It addresses several themes that play out differently in federal arrangements than in unitary political orders: * European values, especially the legitimate role of alleged common values * liberty and powers - how does the draft Constitution address competing normative preferences? * the European interest: the noble words regarding common European objectives and values are often muddled or conflated, different actors intending quite different things. Several chapters contribute to clarifying the different senses of these terms.
Real World Justice
1 2 Andreas Follesdal and Thomas Pogge 1 The Norwegian Centre for Human Rights at the Faculty of Law and ARENA Centre for 2 European Studies, University of Oslo; Philosophy, Columbia University, New York, and Oslo University; Centre for Applied Philosophy and Public Ethics, Australian National University, Canberra This volume discusses principles of global justice, their normative grounds, and the social institutions they require. Over the last few decades an increasing number of philosophers and political theorists have attended to these morally urgent, politically confounding and philosophically challenging topics. Many of these scholars came together September 11–13, 2003, for an intern...
Democracy and the European Union
The European Union is a new subject for theories of legitimacy, posing fundamental questions to the established concepts and principles of democratic theory. General compliance and popular acceptance and respect for European law is at stake. The volume addresses the main challenges of the European Union to democratic theory. The legitimacy of such transnational institutions born by political integration has so far received some but scant attention. The mere existence of the Union proves that the sovereign state cannot remain the sole focus of normative reflection. Indeed, the very conception of sovereignty is at stake. The present volume combines political science and normative political theory to offer concepts, arguments and criteria that further these debates, addressing problems of principle.
The Legitimacy of International Human Rights Regimes
This book traverses the disciplines of law, political philosophy and international relations in assessing the normative legitimacy of international human rights regimes.
Multilevel Regulation and the EU
Rules are no longer merely made by states, but increasingly by international organizations and other international bodies. At the same time these rules do impact the daily life of citizens and companies as it has become increasingly difficult to draw dividing lines between international, EU and domestic law. This book introduces the notion of ‘multilevel regulation’ as a way to study these normative processes and the interplay between different legal orders. It indicates that many rules in such areas as trade, financial cooperation, food safety, pharmaceuticals, security, terrorism, civil aviation, environmental protection or the internet find their origin in international cooperation. A...
Constituting Europe
An assessment of the European Court of Human Rights at the national, European and international levels.
Legitimacy and International Courts
One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
